Shulman Rogers’ Bankruptcy, Restructuring and Creditors’ Rights Team is pleased to provide an update on the status of residential foreclosures in Maryland. On June 28, 2021, new interpretive guidance was provided by the state with respect to Governor Hogan’s most recent Executive Order. A copy of that Order can be found HERE.
While the Maryland Notice of Intent System for residential foreclosures re-opens on 7/1/21, we are recommending that new Notices of Intent to Foreclose not be issued until 8/16/21. Per the attached Order (see page 3, section II b.), Gov. Hogan’s 12/17/20 order that required mandatory offers of forbearance periods will remain effective until 8/15/21. This means that any Notice of Intent issued after the system reopens on 7/1/21 until 8/15/21 must come after a forbearance offer has been made by the bank. Those forbearance offers can be accepted on a no questions asked basis and will require the bank to forbear from enforcement for up to a year.
We anticipate this window of time when the 12/17/20 order remains in effect will become a basis for litigation in the future. We provide this Legal Alert in an effort to avoid this pitfall and are available to answer any questions you may have.
The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or Ben Smith, in the Bankruptcy, Restructuring and Creditors’ Rights Group.
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